You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 134705.

The Texas Department of Criminal Justice (the "department") received six requests from a
particular requestor for information in the Parole Division files of numerous offenders,
including the requestor's son, Jeffrey L. Westbrook ("inmate Westbrook"). Specifically, the
requestor seeks: (1) the home mailing addresses and dates of birth of thirteen specifically
listed parolees; (2) the current county jail or prison unit address for any specifically listed
parolee who had violated parole; (3) the address and date of birth listed on the "TDLs" of
eleven specifically listed parolees; (4) the number, unit, and date of birth of fifty-three
specifically listed inmates; and (5) documents regarding the requestor's son, inmate
Westbrook. You claim that the requested information is excepted from disclosure under
sections 552.101, 552.103, 552.108, and 552.131 of the Government Code. We have
considered the exceptions you claim and reviewed the submitted sample information.(1)

Section 552.028 of the Government Code generally limits a governmental body's obligation
to respond public information requests from an incarcerated individual or that individual's
agent. Section 552.028 provides:

(a) A governmental body is not required to accept or comply with a request
for information from:

(1) an individual who is imprisoned or confined in a correctional
facility; or

(2) an agent of that individual, other than that individual's attorney
when the attorney is requesting information that is subject to
disclosure under this chapter.

(b) This section does not prohibit a governmental body from disclosing to an
individual described by Subsection (a)(1), or that individual's agent,
information held by the governmental body pertaining to that individual.

Here, you believe the requestor is making the request for the information on behalf of his
son, who is confined in a correctional facility. You contend that, because the requestor is
acting as the inmate's agent, you may decline to comply with the request pursuant to section
552.028. We agree that section 552.028 of the Government Code permits you to decline to
accept or comply with a request for information that is submitted by an individual who is
imprisoned or confined in a correctional facility or that person's agent. Therefore, pursuant
to section 552.028, you need not comply with this request. Because our determination under
section 552.028 is dispositive, we do not address your claimed exceptions to the disclosure
of the submitted information.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. We assume that the "sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.